Electronic register of subcontractors
The electronic register of subcontractors shows the position held in the contractual chain and certain contractual data of the contractors participating in a certain construction investment. The developer trustee performs its tasks related to the payment of the remuneration on the basis of the register.
Purpose of operation
If certain requirements are met, the subcontractor performing in accordance with the contract shall be entitled for the payment of the remuneration for the performed work, provided that the mandatory use of a developer trustee during the construction work has been prescribed by Government Decree No. 191/2009 (IX. 15.) on Construction Activities. However, the developer trustee can take no measure for the sake of the completion of the claim for payment of the subcontractor if the subcontractor fails to register the data necessary for the agreement by using the access code requested from the contractual partner and indicated in the construction contract.
In addition to the primary purpose, sending different notifications and signals between the developer trustee and the subcontractor is also possible. Automatic functions promoting the proper operation of trusteeship have been also introduced, therefore the payment deadline of the subcontractor can no longer exceed the payment deadline of the contractor contracting with the developer. The subcontractor is notified immediately if the contractor’s fee of the obligor contractor does not reach the total contractor’s fee of the subcontractor participating in the completion.
Displaying the data of the register
The internet-based operation of the electronic register of subcontractors shall be ensured by the developer trustee. The developer trustee concludes a contract with the developer, opens the trustee account on the basis of the contract, and establishes the separate register of subcontractors of the concerned construction investment. The data of the concluded construction contract are registered at the account of the contractor, and the contractor and the developer are provided with a unique, single-use access code. The construction contract cannot become effective until the data of the developer trustee, the trusteeship bank account number, and the access code of the contractor are indicated by the contract. The developer trustee shall be entitled and obliged to enter any change in the contractual data resulting from any amendment of the contract into the register of subcontractors.
The contractor shall generate an own unique ID by using a single-use access code that can be used for accessing the register. The data of the contractor account can be viewed by the developer and the developer trustee. The field “amount to be invoiced and confirmed by a certificate of completion” is completed by the technical inspector, after the completion of the concerned phase according to the construction contract. Afterwards, the contractor enters the date of submission of the invoice issued according to the certificate of completion.
If the contractor concludes a contract with the subcontractor, it shall initiate the generation of an access code by using the tab “generate subcontractor’s access code” located under its own account in the register of subcontractors, and the access code shall be provided to the subcontractor in the subcontractor construction contract. The subcontractor shall generate an own unique ID by using this access code that can be used for accessing the register and opening its own account. The account of the subcontractor in the register of subcontractors shall be completed in accordance with the own subcontractor’s contract. The parts of the account in the register marked with an asterisk must be completed in order to put the processes of entering the data to the next level. The data are finally recorded when the obligor confirms that the contractual data are identical with the contract. Any change in the contractual data resulting from any amendment of the contract (e.g. extra work) shall be entered by the subcontractor into the register of subcontractors, and the consent of the obligor is required for the final entry, just like when the data of the contract are registered. The consent of both contracting parties are necessary to perform any change in the data of the subcontractor’s profile. The field “amount to be invoiced and confirmed by a certificate of completion” of the account of the subcontractor is completed by the technical manager in charge of the obligor contractor, after the completion of the concerned phase according to the construction contract. Afterwards, the subcontractor enters the date of submission of the invoice issued according to the certificate of completion.
The data of the subcontractor’s account, except for the contractor’s fee, can be viewed by the developer, the developer trustee, and the contractors participating in the chain of contractors where the subcontractor participates in the completion of the undertaken construction works. For them, except for the developer, the contractor’s fee will be shown if the obligor has issued an invoice and has not paid the invoice of the subcontractor issued on the basis of the certificate of completion, or if the subcontractor has raised an objection in relation to the content of the certificate of completion within eight days after the issuance of the certificate of completion. The contractor, maintaining a contractual relationship with the subcontractor and obligor, can view the full scope of data recorded at the subcontractor’s account for the whole period.
Tasks related to the register
The contractor shall be obliged to withhold from the payment of the due invoice of the subcontractor maintaining a contractual relationship with it, on the basis of the data of the register of subcontractors
a) the payment of an amount equivalent to the amount invoiced on the basis of the certificate of completion issued by any further subcontractor participating in the completion of the subcontractor, but not paid within the deadline,
b) the payment of an amount equivalent to the amount of the difference between the remuneration indicated by any further subcontractor participating in the completion of the subcontractor, but at least between the contractual amount of the remuneration to be paid to the subcontractor for the concerned phase of completion, and the amount approved in the certificate of completion – provided that an objection concerning the content of the certificate of completion issued by the technical manager in charge was registered in the register of subcontractors within eight business days after the receipt of the certificate of completion.
From the payment of the due invoice of the contractor, on the basis of the data of the register of subcontractors, the developer trustee shall be obliged to
a) withhold an amount equivalent to the amount invoiced on the basis of the certificate of completion issued by the subcontractor participating in the completion of the contract, but not paid within the deadline,
b) suspend, for thirty days, the payment of an amount equivalent to the amount of the difference between the remuneration indicated by the subcontractor participating in the completion of the contract, but at least between the contractual amount of the remuneration to be paid to the subcontractor for the concerned phase of completion, and the amount approved in the certificate of completion – provided that an objection concerning the content of the certificate of completion issued by the technical manager in charge was registered in the register of subcontractors within eight business days after the receipt of the certificate of completion.
By taking the register of subcontractors into consideration, the obligor contractor shall ensure that the subcontractor, maintaining a contractual relationship with it, performs the financial settlement of the further subcontractors engaged in the (partial) completion – maintaining a contractual relationship with it – before the date of the issuance of the invoice on the (partial) completion.
By taking the register of subcontractors into consideration, the developer trustee shall ensure that the contractor performs the financial settlement of the subcontractors engaged in the (partial) completion – maintaining a contractual relationship with it – before the date of the issuance of the invoice on the (partial) completion.
Information and notification on other facts
If the developer does not deposit the contractual funds of the completion (or partial completion) of the contractor under the disposal of the developer trustee within the deadline, the developer trustee notifies each subcontractor registered in the register of subcontractors immediately. The subcontractors are also notified if the developer has performed the obligation of making the funds available.
The developer trustee shall notify each subcontractor registered in the register of subcontractors immediately in case of the termination of the construction contract between the developer and the contractor.
The developer trustee notifies the subcontractor providing information on the unsettled claim immediately on the retention from the payment of the contractor.
If the amount of the completion of the subcontractors participating in the completion and contracted with the contractor exceeds the amount of the (partial) completion of the contractor, the register of subcontractors notifies us on the fact and the amount of exceeding automatically.
Guides, manuals
Rövidített tájékoztató, képernyőképekkel | Informations about trustee system with pictures
| Document name | Document size | Last modified time |
|---|---|---|
 Rövidített felhasználói tájékoztató képernyőképekkel | 867.03 KByte | Jan 25, 2019 1:53:28 pm |
| Informations about trustee system with pictures | 616.21 KByte | Jan 25, 2019 1:53:28 pm |
Útmutatók, kézikönyvek alvállalkozók és ellenszolgáltatásra kötelezett vállalkozók számára
| Document name | Document size | Last modified time |
|---|---|---|
| E-fedezetkezelő alkalmazás felhasználói leírása | 2.38 MByte | Jan 25, 2019 1:35:49 pm |
| Egyszer használatos jelszó megváltoztatásának folyamata | 143.40 KByte | Jan 25, 2019 1:36:33 pm |
Útmutatók, kézikönyvek építtetők számára
| Document name | Document size | Last modified time |
|---|---|---|
| E-fedezetkezelő alkalmazás felhasználói leírása | 1.79 MByte | Jan 25, 2019 1:36:08 pm |
| Egyszer használatos jelszó megváltoztatásának folyamata | 142.96 KByte | Jan 25, 2019 1:36:02 pm |
Útmutatók, kézikönyvek fedezetkezelő számára
| Document name | Document size | Last modified time |
|---|---|---|
| E-fedezetkezelő alkalmazás felhasználói leírása | 3.96 MByte | Jan 25, 2019 1:35:55 pm |
Útmutatók, kézikönyvek fővállalkozók számára
| Document name | Document size | Last modified time |
|---|---|---|
| E-fedezetkezelő alkalmazás felhasználói leírása | 2.05 MByte | Jan 25, 2019 1:35:20 pm |
| Egyszer használatos jelszó megváltoztatásának folyamata | 111.11 KByte | Jan 25, 2019 1:35:29 pm |